General Terms of Business (GTB)
PLEASE READ THESE GENERAL TERMS AND CONDITIONS OF BUSINESS (“GTB”) CAREFULLY BEFORE YOU REGISTER AND USE VEHICLE REPAIR TECHNICAL INFORMATION (“REPAIR MAINTENANCE INFORMATION SERVICE”) PROVIDED IN THE ERWIN WEB-SHOP. BY REGISTERING WITH THE ERWIN WEB-SHOP, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THESE GTB. IF YOU DO NOT AGREE TO THESE GTB, DO NOT REGISTER AND DO NOT USE THE REPAIR MAINTENANCE INFORMATION SERVICE.
The text of these GTB can be downloaded to your computer and/or printed out. These GTB are written in both Chinese and English.
You contractual partners for these GTB are (1) FAW-VOLKSWAGEN AUTOMOTIVE CO.,LTD. （No. 39-1 Dongfeng Street, Changchun）(“FAW-VW”) and (2) CHANGCHUAN FAW-VW AUTO-CULTURE CO.,LTD. （No. 27 Anqing Road ,Dongfeng Street, Changchun）(“FAW-VW AUTO-CULTURE”).
The Repair Maintenance Information Service is updated regularly. Should you have questions, complaints or other information relating to an order in erWin Web-shop, please address these to: mingou.ma@faw-vw.com.
§ 1 Scope and subject of contract
These GTB are applicable for the use of Repair Maintenance Information Service in digital file form from the erWin Web-Shop. FAW-VW hereby entrusts FAW-VW AUTO-CULTURE to disclose Service Information for all the AUDI brand models it sold in Chinese market. FAW-VW AUTO-CULTURE is responsible for providing Repair Maintenance Information Service to commercial organizations and private individuals (“Customer”) solely on behalf of FAW-VW solely in accordance with these GTB.
§ 2 Ordering and conclusion of contract
The contract comes into force when an electronic order confirmation sends in response to the Customer's order. The Access Period to the digital Repair Maintenance Information Service starts after conclusion of the contract by the Customer. Detailed information concerning the type and method of ordering and reporting of incorrect entries can be found under the heading ABOUT ERWIN under "erWin Info Tour".
§ 3 Usage rights and access period
FAW-VW and FAW-VW AUTO-CULTURE grant to Customer a non-exclusive, revocable and non-transferable online authorization to use Repair Maintenance Information Service provided via the erWin Web-Shop.
erWin Web-Shop allows access to Repair Maintenance Information Service that includes information and supporting documentation related to repair services for AUDI brand vehicle models, such as repair guidance, vehicle-specific information, circuit diagrams, precise maintenance guidance, bodywork repair, and diagnostic software (OBD information). The Customer also acquires the right to use all the information on an unspecified computer for a specified period ("Access Period"). Usage covers its display on a computer, printing of section data.
Each erWin authorization may be used by any person within a particular repair shop. For usage in a further repair shop, additional authorizations must be purchased in accordance with the current price list for each. The opportunity to use the digital Repair Maintenance Information Service ceases when the Access Period ends or if the Customer fails to comply with any terms of these GTB, without the requirement for notice to be given.
The following Access Periods are available:
1 day, 7 days, 30 days or 365 days
Under the rights granted to him, the person is forbidden to make copies of service information, of files or parts thereof, or to have copies made and to grant third parties access via communication networks. The Repair Maintenance Information is only licensed to use, not sold to the Customer under the GTB. The Repair Maintenance Information itself and all the intellectual property rights contained in the Repair Maintenance Information shall be reserved by FAW-VW and VW. Without FAW-VW prior written consent, the Customer cannot resell, publish, disclose the Repair Maintenance Information or use it for other commercial purpose. FAW-VW reserves all rights not expressly granted to Customer. Copies made for backup purposes for own usage is excluded.
§ 4 Limitations to usage periods
As a result of maintenance of and enhancements to the erWin Web-shop, availability for usage and/or access to the Repair Maintenance Information Service may be temporarily (up to 1 hour in each 24 hour period) limited or suspended.
§ 5 Payment
Information on prices can be found under products and services > product assistant > display all products. All prices are quoted in RMB.
The prices are applicable from the place of delivery excluding postage, packing and insurance. In order to access the digital Service Information in erWin Web-shop, at first the Customer must contact FAW-VW AUTO-CULTURE to recharge in the right way and ask for the FaPiao from FAW-VW AUTO-CULTURE if necessary. After recharging, FAW-VW AUTO-CULTURE grants the equivalent electronic currency to the Customer's account, and the Customer can purchase any flat rate with the electronic currency. An erWin repair flat rate starts immediately after purchase and a new flat rate can only be bought after the previous flat rate expired.
Once payment is processed, refunds are not supported.
§ 6 Warranty and limitation period
THE CUSTOMER EXPRESSLY ACKNOWLEDGES AND AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, USE OF THE REPAIR MAINTENANCE INFORMATION SERVICE IS AT THE CUSTOMER’S SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH THE CUSTOMER.
WHERE THE APPLICABLE MANDATORY LAW GRANTS THE CUSTOMER RIGHT TO CLAIM, PRIOR TO THE ENFORCEMENT OF POSSIBLE CLAIMS FOR COMPENSATION, THE CUSTOMER MUST FIRST GRANT FAW-VW AND FAW-VW AUTO-CULTURE THE OPPORTUNITY TO FULFIL THEIR OBLIGATIONS WITHIN AN APPROPRIATE PERIOD OF TIME. IF THIS REPEATEDLY FAILS, PROVES TO BE IMPOSSIBLE, IS REFUSED BECAUSE OF DISPROPORTIONATE COSTS OR IS OTHERWISE UNREASONABLE THEN THE CUSTOMER IS ENTITLED TO REDUCE THE PAYMENT OR TO WITHDRAW FROM THE CONTRACT, IN ACCORDANCE WITH THE RELEVANT APPLICABLE LEGAL PROVISIONS, AND CAN CLAIM FOR COMPENSATION AND REIMBURSEMENT OF EXPENSES. THE STATUTORY LIMITATION PERIODS ARE VALID.
§ 7 Liability
FAW-VW AND FAW-VW AUTO-CULTURE SHALL BE SOLELY LIABLE FOR THE DAMAGES INCURRED BY THE REPAIR MAINTENANCE INFORMATION SERVICES PROVIDED TO THE CUSTOMER TO THE EXTENT FAW-VW AND FAW-VW AUTO-CULTURE SHOULD ASSUME THE LIABILITY UNDER THESE GTB. CUSTOMER SHALL CLAIM COMPENSATION DIRECTLY AND SOLELY FROM FAW-VW, IF ANY. UNLESS OTHERWISE REGULATED BY MANDATORY APPLICABLE LAW, FAW-VW AND FAW-VW AUTO-CULTURE WILL ONLY ASSUME LIABILITY, IRRESPECTIVE OF THE LEGAL BASIS, IN THE EVENT OF A CULPABLE VIOLATION OF FUNDAMENTAL CONTRACTUAL OBLIGATIONS. UNDER NO CIRCUMSTANCES SHALL FAW-VW AND FAW-VW AUTO-CULTURE BE LIABLE FOR CUSTOMER’S ANY CONSEQUENTIAL DAMAGE. THE STATUTES OF LIMITATION PERIODS APPLY.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE GTB OR ELSEWHERE AND TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, FAW-VW’S MAXIMUM AGGREGATE LIABILITY SHALL BE LIMITED TO ￥7,000 (MAXIMUM AGGREGATE AMOUNT) IN EACH INSTANCE OF DAMAGE. THE SAME APPLIES TO FAW-VW AUTO-CULTURE’S MAXIMUM AGGREGATE LIABILITY. CUSTOMER AGREES TO RELEASE, DEFEND, INDEMNIFY AND HOLD FAW-VW AND FAW-VW AUTO-CULTURE HARMLESS FROM AND AGAINST ALL CLAIMS, REGARDLESS OF CAUSE, INCLUDING WITHOUT LIMITATION, ANY CONSEQUENTIAL DAMAGES, IN ANY WAY ARISING IN CONNECTION WITH THE REPAIR MAINTENANCE INFORMATION SERVICE FURNISHED BY FAW-VW AUTO-CULTURE, IN EXCESS OF THAT MAXIMUM AGGREGATE AMOUNT. THE BENEFIT OF THESE INDEMNITIES AND RELEASES OF LIABILITY SHALL ALSO BE DEEMED TO BE GIVEN IN FAVOR OF FAW-VW'S AND FAW-VW AUTO-CULTURE’S PARENT, SUBSIDIARY AND AFFILIATED OR RELATED COMPANIES, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS AND INVITEES.
FAW-VW AUTO-CULTURE AND FAW-VW ASSUME NO LIABILITY FOR DEFECTS, DAMAGE OR CONSEQUENTIAL DAMAGE ARISING FROM A LACK OF COMPATIBILITY OR INTEROPERABILITY OF THE SOFTWARE WITH THE CUSTOMER'S SYSTEMS. IT IS THE CUSTOMER'S RESPONSIBILITY TO SCAN THE SOFTWARE AND THE RESPECTIVE DATA STORAGE MEDIUM WITH AN UP-TO-DATE VIRUS SCANNING PROGRAM.
§ 8 Privacy Protection
The Customer agrees to provide the registration information to FAW-VW AUTO-CULTURE and FAW-VW by registering with the erWin Web-Shop. At all times the Customer’s information will be treated in accordance with the Privacy Protection Policy, which is incorporated by reference into these GTB and can be viewed at https://faw-audi.erwin-portal.com/erwin/showHome.do. The Customer shall also be responsible to protect the account and password safety.
§ 9 Place of delivery, applicable law and court of jurisdiction
Place of delivery for all obligations of contractual parties is PRC. The law of Peoples Republic of China applies exclusively to the contractual relationship and all associated legal relationships. The UN Convention on Contracts for the International Sale of Goods, as well the application of other laws, contracts etc. is excluded. The parties shall settle all disputes arising from or in connection with this GTB through friendly consultation. In case no settlement can be reached, all parties shall have the right to submit the dispute to China International Economic and Trade Arbitration Commission (“CIETAC”) for arbitration in accordance with Chinese Law and the CIETAC Rules in effect at the time of applying for arbitration. The place of arbitration shall be Beijing. The arbitral award is final and binding upon both parties. In the course of settling disputes, the GTB shall be continuously executed by all parties except for the part, which is under arbitration.
Should the provisions of the GTB and the contract based upon them be held void or be unenforceable, either completely or in part, or subsequently lose their validity and practicability, the validity of the remaining contractual provisions and GTB shall remain unaffected. The contractual partners are obliged to replace the invalid provision with one that approximates the economic intent of the ineffective provision as closely as possible.
§ 10 Changes to the GTB and services
FAW-VW AUTO-CULTURE and FAW-VW reserve the right to change these GTB provided the Customer can be reasonably expected to accept the changes while taking the interests of FAW-VW AUTO-CULTURE and FAW-VW into account. This is particularly the case when the changes have no economic disadvantages for the Customer, e.g. changes to the registration process, changes to contact persons, changes or completion of the service information offer, or similar, as well as modification of the GTB stipulated by legal amendments, changed or new services, functionalities or contents. Furthermore, FAW-VW AUTO-CULTURE and FAW-VW reserve the right to change these GTB at any time. FAW-VW will inform the Customer of the relevant change by e-mail or in writing. If the Customer raises no objection to the change within a period of six weeks following notification, the respective change will become a constituent part of the contract existing between the contractual parties. Provided that the Customer raises an objection to changes to the GTB within the permitted period, all contractual partners have the right to terminate this agreement with immediate effect.
FAW-VW AUTO-CULTURE and FAW-VW reserve the right to update, to change or to suspend the functions of individual services. FAW-VW and FAW-VW AUTO-CULTURE also reserve the right to discontinue individual services completely to the extent permitted by law.
